Appellate Division of the Supreme Court of New York, 1990

Khanyile v. Roosevelt Hospital

Khanyile v. Roosevelt Hospital
Appellate Division of the Supreme Court of New York · Decided February 6, 1990
158 A.D.2d 290; 550 N.Y.S.2d 696; 1990 N.Y. App. Div. LEXIS 1071
Khanyile v. Roosevelt Hospital

Opinion of the Court

In this medical malpractice action there were long periods of inactivity. The plaintiff failed to satisfy the conditions of a prior order vacating her default. Therefore, the IAS court acted within its discretion. Contrary to plaintiffs position, this *291action was not stayed because of proceedings brought in Federal court. The filing of a notice of appeal does not result in a stay. (Catalane v Plaza 400 Owners Corp., 124 AD2d 478, 480.) Concur—Murphy, P. J., Carro, Kassal and Rosenberger, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.